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On January 1, 2023 the government introduced a cooling off period for buyers, a home buyer protection period, that allows home buyers three business days to back out of an accepted offer.

Key Points about the home buyer rescission period:

  • The period will be effective January 1, 2023.
  • Buyers will have three business days following the accepted offer date to back out of a residential purchase agreement.
  • The period is mandatory and can’t be waived by the parties to the contract.
  • Buyers who back out of a contract within this three-day period will have to pay a rescission fee of 0.25% of the purchase price ($250 per $100,000)
  • The rescission fee is paid to the seller.

The home buyer rescission period applies to following property types:

  • Detached homes
  • Semi-detached homes
  • Townhouses
  • Apartments in a duplex or other multi-unit dwelling
  • Strata lots
  • Manufactured homes affixed to land
  • Co-operative interest that include right of use or occupation of dwelling.

There are a few types of properties that are exempt

  • Properties subject to section 21 of the Real Estate Development Marketing Act.
  • Residential real estate located on leased land.
  • Leasehold interest in residential real estate
  • At Auction
  • Sales under court order or supervision of the court (foreclosures)

If this all sounds confusing and you need more clarity on buying or selling and want to know how this legislation impacts you, give us a call.

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The Act prohibits individuals who are not Canadian citizens or permanent residents of Canada (collectively, “non-Canadians”) from directly or indirectly purchasing residential property in Canada for a period of two years, which includes purchases made through corporations, trusts, or other legal entities;
- Applies to residential property, which includes detached homes or similar buildings of one to three dwelling units as well as parts of buildings such as semi-detached houses, strata units, or other similar premises;
- Establishes penalties for non-compliance applicable to non-Canadians, as well as any person or entity knowingly assisting a non-Canadian in contravening the prohibition;
- Establishes that a contravention of the prohibition could result in a court-ordered sale of the residential property, which would result in the non-Canadian receiving no more than the purchase price paid for the property; and
- Sets out exemptions for certain classes of people such as: refugees, individuals who purchase residential property with their spouse or common-law partner (provided the spouse or common-law partner is eligible to purchase residential property), temporary residents in Canada who satisfy the prescribed conditions in the regulations, and other classes of persons set out in the regulations.
Full details on the regulations and exemptions can be found here.
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The Fraser Valley housing market continues its trend heading into the holiday season. Novembers total sales were 839, a 57.5% decrease year over year from November 2021 and down 6.9% from October 2022. Currently there 6.35 months of inventory in the market and the average days on Market is 30 days. Single Family Detached: At $1,404,900, the Benchmark price for a FVREB single-family detached home decreased 2.2 per cent compared to October 2022. Townhomes: At $799,400, the Benchmark price for a FVREB townhome decreased 1.3 per cent compared to October 2022. Apartments: At $518,400, the Benchmark price for a FVREB apartment/condo decreased 1.8 per cent compared to October 2022. The holding pattern presents opportunities for savvy buyers and for sellers to move well priced properties. Contact me if you're considering a move.

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The data relating to real estate on this website comes in part from the MLS® Reciprocity program of either the Real Estate Board of Greater Vancouver (REBGV), the Fraser Valley Real Estate Board (FVREB) or the Chilliwack and District Real Estate Board (CADREB). Real estate listings held by participating real estate firms are marked with the MLS® logo and detailed information about the listing includes the name of the listing agent. This representation is based in whole or part on data generated by either the REBGV, the FVREB or the CADREB which assumes no responsibility for its accuracy. The materials contained on this page may not be reproduced without the express written consent of either the REBGV, the FVREB or the CADREB.